Food products contaminated with pathogens such as hepatitis A virus are not of merchantable quality and not fit for purpose under s 19 of the Sale of Goods Act 1923 (NSW) unless the seller can establish that there were well-known cooking standards which, if complied with, would destroy the pathogen. The purpose of sale of food products for restaurant use should be stated broadly as supply for human consumption, not narrowly as supply for cooking in a particular manner. A party that abandons a claim at trial cannot raise it on appeal.
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